Republic v Land Disputes Tribunal – Meru Central & 6 others Ex-Parte M’mugambi M’tuerandu [2018] KEELC 940 (KLR)
The bottom line
#The High Court in Meru quashed a Land Disputes Tribunal's decision on family land because tribunals cannot redistribute property already settled through a succession case.
What this practically means
#Executive summary
#Key legal issues
#Whether the judicial review suit could be consolidated with Environment and Land Case No. 34 of 2012
Consolidation was refused because judicial review proceedings are sui generis and there is no provision for consolidation under Order 53.
Relying on Welamondi and B & M Mining Company, the court held that Order 53 proceedings are neither civil nor criminal but sui generis. Since Order 53 contains no consolidation provision, the general consolidation provisions of the Civil Procedure Rules are inapplicable, so the suit could not be consolidated with the ELC case.
Whether the Land Disputes Tribunal had jurisdiction to determine the distribution of the suit land
The tribunal lacked jurisdiction; it purported to redistribute land already distributed in a High Court succession cause, effectively reviewing the High Court's orders.
Section 3 of the repealed Land Disputes Tribunal Act limited tribunals to boundary disputes, claims to occupy or work land, and trespass. The suit land had been distributed in Meru High Court Succession Cause No. 6 of 1990. The tribunal's decision went beyond its statutory mandate and purported to poke holes in the succession cause, clothing itself with appellate powers over the High Court.
Legal principles established
#- A Land Disputes Tribunal has no jurisdiction to distribute land or review orders of the High Court in a succession cause; jurisdiction over distribution of a deceased's estate vests in the probate court.
- Judicial review proceedings under Order 53 are sui generis and consolidation provisions of the Civil Procedure Act do not apply to them.
Court orders
#- 1.A Judicial Review order of certiorari issued to remove to the court and quash the proceedings and decision made in respect of Land Parcel No. Kiirua/Ruiri/528 dated 28th September 2011 and read to parties on 25th November 2011
- 2.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules (judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Disputes Tribunal – Meru Central & 6 others Ex-Parte M’mugambi M’tuerandu [2018] KEELC 940 (KLR)", Case Analysis (2018). Judicial Review Motion (Chamber Summons dated 6th December 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/940/eng@2018-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.